Karen Sanchez Case Study - Law Assignment Help

Assignment Task:

Question 1 (10 Marks) 

Ms. Helen Carter is employed by Stone & Co Accountants (SCA) as a chartered accountant. Mr Garry Stone is the owner of SCA. On 29 September 2019 Ms Carter told her employer that she had contracted tuberculosis. On 29 November 2019, Ms Carter was attended in hospital by a representative of SCA who suggested that she either take unpaid leave or resign from her position. 

Under pressure from her employer, Ms Carter agreed to take unpaid leave until 14 January 2020. This was despite Ms Carter advising her employer that she would be fit to return to work from 7 December 2019, with some accommodation made by her employer to enable her to continue to attend her ongoing medical treatment. 

When Ms Carter returned to work, she was told that she should consider resigning, that the nature of her illness was “bad for business” and that her employer “wanted her out”. Ms Carter was also: 

• allocated tasks that she perceived to be demeaning; 

• criticised for poor performance when there had been no such criticisms before her illness; 

• repeatedly told that she should prepare her CV; 

• subject to a performance management process and an excessive number of meetings with Mr Stone in an effort to pressure her to resign; and 

• offered a “separation package” to facilitate her resignation and pressured to accept this package. 

Ms Carter did not want to resign and did not accept the separation package. She instead went on sick leave and was admitted to a psychiatric hospital. 

a) Advise Ms Carter on whether she has reasonable prospects of success in bringing a claim against SCA under the Anti-Discrimination Act 1977 (NSW). (6 marks) 

b) On the assumption that Ms Carter is successful in bringing a claim against SCA under the Anti-Discrimination Act 1977 (NSW), what would be the most appropriate remedy in this case? (4 marks) 

Question 2 (10 marks) 

Amy Phillips is employed at Bright Room Lighting Pty Ltd (BRLPL). Amy’s boss, Chris Reason, the sole director of BRLPL, stole sexually explicit photographs of Amy’s sister from Amy’s house, had some of them enlarged and laminated, and carried them around in his briefcase. 

Recently, during a meeting, Amy accidentally saw some of the sexually explicit photographs in Chris’ briefcase. After seeing the photos in Chris’ briefcase, Amy became greatly dismayed. 

a) Advise Chris whether Amy has reasonable prospects of success in bringing a claim against him under the Sex Discrimination Act 1984 (Cth). (6 marks) 

b) Given the facts in this case, Chris seeks your advice as to what is the most appropriate forum to resolve any complaint brought by Amy against him under the Sex Discrimination Act 1984 (Cth). What advice would you offer? (4 marks) 

Question 3 (10 marks) 

Mr Robert Lachlan, a homosexual male, draped a large rainbow flag over the balcony of his apartment to celebrate the recent “Yes” vote to gay marriage. 

Ms Rhonda Birchmore, who lives in the same apartment building as Mr Lachlan, after he displayed the flag, yelled at Mr Lachlan from her apartment balcony which faced his apartment. Mr Lachlan claims that Ms Birchmore demanded that he remove the flag because it was “offensive to her culture and her religion”. 

Mr Lachlan claims that when he refused to remove the flag, Ms Birchmore said that he should not have the right to marry until he “could breastfeed and have children”. Mr Lachlan alleges that Ms Brichmore’s comments were made so loudly that other residents in the apartment building and surrounding areas could hear the exchange. 

Mr Lachlan says that on 16 November 2019, Ms Birchmore yelled at and harassed Mr Lachlan’s housemate, Ms Amber Bellagio, and threatened to call the real estate agent or property owner to complain. 

Mr Lachlan also says that on 17 November 2019, he and Ms Bellagio overheard Ms Birchmore speaking to a neighbour and encouraging the neighbour to tell the owner of Mr Lachlan’s apartment that “they were disgusting people”. 

Mr Lachlan says that on 18 November 2019 he overheard Ms Birchmore telling visiting police officers that “the rainbow flag was offensive”. 

a) Advise Mr Lachlan whether he has any claim against Ms Birchmore under the Anti- Discrimination Act 1977 (NSW). (6 marks) 

b) What, if any, would be an appropriate remedy for Mr Lachlan if he is successful in bringing a claim against Ms Birchmore? (4 marks) 

Question 4 (10 marks) 

Karen Sanchez had worked as a bar attendant at the Emporium Hotel in Marrickville since 2010. Initially, she worked mainly fixed, regular shifts. Although her working arrangements were regular, Karen was a casual employee. In March 2020, the shift arrangements for Karen were changed. 

Within a short period of time, Karen lost both regularity and quantity of work. Her time was reduced from three shifts to two shifts per week and sometimes less. At the time of the change to her shift arrangements, Karen was 40 years old. 

Sometime in November 2019, Karen heard Andrew Mercano (the owner of the hotel) remark to a patron that he wanted to replace some older staff with “young glamours”. Some of the other female bar staff were about Karen’s age or older and some were younger. 

Karen has young children. She preferred her earlier regular working arrangements and not working on weekends because this more easily accommodated her childcare arrangements. Karen believes that her alteration to her working arrangements, including a necessity to work some weekends, was an attempt to force her departure. She believed that the hotel management altered her working arrangements knowing that the changes would not be convenient to her, having regard to arrangements she made for childcare while working. 

Since around March 2019, Karen had come into conflict with several other employees at the Emporium Hotel. Specifically, on 15 March 2019, Karen indicated to Andrew that she did not wish to work for one of the managers, David Pearson. 

In November 2019, the Emporium Hotel hired three new casual employees to work in the bar, aged 21, 22 and 24. 

Prompted by the alteration to her working arrangements, Karen sought and obtained casual bar work elsewhere in late January 2020. 

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